LGBT Rights in the Workplace Challenged by Trump Administration

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Posted on 09/28/2017

In spite of inroads made for equality for LGBT workers and same sex couples under the Obama Administration, the battle over whether or not companies can discriminate against workers based on their sexual preference may be soon put to the test soon.

The Trump Administration’s Attorney General, Jeff Sessions, who is now at the helm of the United States Department of Justice, has filed papers this past week which argue that Title VII of the Civil Rights Act of 1964 does not protect homosexual workers from being fired from jobs within the public sector.

A second story is regarding the Senate confirmation hearings for the nominations of Janet Dhillon and Daniel M. Gade who are to serve as EEOC Commissioners. The nominees were questioned as to whether they believe Title VII of the Civil Rights Act also covers sexual orientation discrimination. The US Supreme Court is set to hear both sides on the case this fall.

The stance of the Trump DOJ versus that under the Obama Administration is in stark contrast with each other. While claiming to be a friend to the LGBT community, the DOJ of the Trump Administration has taken a far more Conservative stance on the matter.

Over the past few years, many companies made it a point to include LGBT workers when crafting their diversity policies. These policies forbidding any type of bias or discrimination based on gender, national origin, race, sexual orientation were also laid out into employee manuals and hiring. Earlier this year, we reported that both younger and older workers prefer a workplace culture that is one of inclusion. Polarizing political opinions has created a great deal of anxiety both inside the workplace and society as a whole. Companies and organizations will need to pay close attention to this issue over the coming months as well as their own organization’s culture.

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